10 Things to Consider: When Child Arrangement Mediations Fails?

In some cases, mediation will result in an amicable result. Mediation is necessary. Even in court up till the final hearing. The court would like to see the two parties trying to resolve the matter.

In difficult situations where one party is not willing to cooperate. The courts need to make the final decision.  Before you can go to the courts for a final decision. They do want to see you have tried to resolve this. This generally refers to mediation. Here is a link to National Family Mediation | We Help Families in Conflicthttps://www.nfm.org.uk/. Or https://www.familymediationcouncil.org.uk

When mediation is ineffective. One parent may wish to challenge the other parent. If one parent’s Child Arrangement proposal is not in the interest of the child. It can lead to further disputes. The child’s interest must be pivotal. It must be the primary focus. However, when dealing with a former partner it can difficult. Especially if the relationship did not end amicably.

What we find is Mediation is a chance to discuss possible middle ground. It can be difficult to find the middle ground. Especially when two persons have had an emotional relationship. It is hard to see the obvious or reasonable. This is where a mediator or middle person can be useful.

Do I need a Child Arrangement Order [CAO]?

In some cases, the only solution is a court order. The court becomes an order that must be followed. It would be an offence to not follow the order set out.

Mediation Failed?

In events when Mediation is not working. Then a parent or guardian may apply for Child Arrangement orders generally with a C10 form.

10 Things to Consider when Child Arrangement Mediation Fails?

  1. Did both parties agree to Mediation? This could be a Parent or a Guardian.
  2. What was agreed in Mediation? if anything.
  3. What are the main disagreements?
  4. Will the Child be affected by the disagreements?
  5. Are they reasonable proposals from the other party?
  6. Why was mediation necessary?
  7. Will you be making an application to the court for a Child Arrangement order?
  8. Can a barrister help with the application form [C100]?
  9. Will I need a Lawyer to take to court?
  10. Are you being reasonable? If so, where can you compromise.

The other party did not agree to Mediate, what should I do?

We always suggest. seeking initial legal advice. To asses your position we can arrange a conference.


Let’s talk about your case!